New Delhi, Apr 15 (PTI) The Supreme Court on Monday said though liberty was a greatly cherished value in the life of an individual, it was controlled and restricted and no element in the society could act in a manner which jeopardised the life and liberty of others.

A bench of Justices J B Pardiwala and R Mahadevan, which cancelled the bail granted by the Allahabad High Court to 13 accused in inter-state human trafficking case, called them a “big threat to the society”.

“It is clear that though liberty is a greatly cherished value in the life of an individual, it is a controlled and restricted one and no element in the society can act in a manner by consequence of which the life or liberty of others is jeopardised, for the rational collective does not countenance an anti-social or anti-collective act,” the bench said.

The top court referred to its legal principles on granting bail to persons accused in serous crimes and the cancellation of bail.

“We are absolutely conscious that liberty of a person should not be lightly dealt with, for deprivation of liberty of a person has an immense impact on the mind of a person,” it said.

Incarceration creates a concavity in the personality of an individual, the court underlined.

“Sometimes it causes a sense of vacuum. Needless to emphasise, the sacrosanctity of liberty is paramount in a civilised society,” Justice Pardiwala said in his 95-page verdict authored on behalf of the bench.

The verdict went on, “In a democratic body polity which is wedded to the rule of the law an individual is expected to grow within the social restrictions sanctioned by law. The individual liberty is restricted by larger social interest and its deprivation must have due sanction of law.” In an orderly society, the court said, an individual was expected to live with dignity, having respect for the law and others’ rights.

“It is a well-accepted principle that the concept of liberty is not in the realm of absolutism but is a restricted one,” the bench highlighted.

Individual liberty, the bench said, couldn’t be accentuated to such an extent or elevated to such a high pedestal which would bring in anarchy or disorder in the society.

“The prospect of greater justice requires that law and order should prevail in a civilised milieu,” it said.

The top court said law and order in a society protected established precepts and endured contagious crimes did not turn “epidemic”.

“In an organised society the concept of liberty basically requires citizens to be responsible and not to disturb the tranquillity and safety which every well-meaning person desires,” it said.

The top court, which set aside various bail orders passed by the high courts in three-FIRs related to inter-state child trafficking rackets, directed for expeditious trial of all cases.

It directed all the high courts to issue directions for completion of trials of child trafficking cases within six months. PTI MNL AMK